You want to say, “I have the right to an attorney I do not wish to speak with you However, if you are read your Miranda Rights by police officers and you continue to speak, your rights are considered waived and anything that you do or say will be used by the police as well as the prosecution to help bolster their case against you. If you choose to invoke your Miranda Rights, you should do so very clearly. So, if you are speaking with police officers about your case and you choose to speak with them without your attorney present, you are considered to have “waived” those rights and anything you say will be able to be brought against you at court. Do My Miranda Rights Automatically Apply? Miranda rights apply to any of these situations.
#I WAS ARRESTED BUT NEVER READ MY RIGHTS FREE#
An arrest can happen when the police put you in handcuffs and put you into their vehicle, when they tell you that you are under arrest, or even sometimes when you are just in a situation where you don’t feel free to leave.
However, Miranda Rights don’t apply until after you are under arrest. Miranda Rights refer to certain procedural safeguards that the Courts have put in place to protect your rights against self-incrimination, or giving evidence to police that they can use to convict you at trial.Ī common misconception about Miranda Rights is that they always apply to interactions with the police. You would want to do this to appear in front of the judge and have him or her reconsider the bond that the magistrate put on your case or give you bond if the magistrate, at the time, decided not to give you bond. If you’re not released, then you will be given a chance to call your attorney and let them know that you would like them to file a bond motion on your behalf. When Will I Have to Return to Court?ĭepending on whether or not you are able to be released “on your own recognizance” (which is a promise to appear in court for your court date) or whether you’re released on bond, you’ll be given your court date by the magistrate and you’ll be told when to come back and where to come back. After this process, a bond determination will be made, either remotely through a video screen from the magistrate or you’ll be taken back to that same magistrate.
You will be asked about what you do, if you’re taking any medication you’ll be asked your name and address and they will eventually fingerprint you and take your picture and process you through.
#I WAS ARRESTED BUT NEVER READ MY RIGHTS SERIES#
Throughout the booking process, you’ll have to answer a series of questions. Then, you’ll be brought over to the sheriff’s office for booking or to the detention center in your county. The magistrate will then hear the charges against you from the police officer and issue a warrant against you. When you are arrested for an offense in Virginia, there are many different things that can happen, but most likely, you will be put in handcuffs immediately and you will be brought before a magistrate, usually in a police vehicle. To learn more or discuss building a defense, call and schedule a consultation with a Virginia criminal defense attorney today. As a result, it is important that you know what to expect at each step and what mistakes to avoid at all costs. Despite what you may think based on television or movies, your initial arrest is only the beginning of your interaction with the judicial system.
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